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venkat (business)     23 February 2012

Dv against dil

Dear friends, can a DV can be filed by M.I.L against D.I.L for mental cruelty ( DIL forcing son for seperation from MIL )



Learning

 13 Replies

M.Sheik Mohammed Ali (advocate)     23 February 2012

domestic violence means with in the domestic (house) only, if you want file against MIL you can give complaint 498A with evidence or proof.

venkat (business)     23 February 2012

Dear sir, can Mother-In-Law file DV on Daughter-in-law.


(Guest)

Shaikh Saab,

Understand the Question first, He is Husband, NOT WIFE

Why Unnessary Advising for 498A ?, Looks like a Common Medicine for All Problem :-)

Just for simple requirement of Seperate Home?

Venkat Brother,

Your Mother Can file DV on wife, However there are Coordinates in the Society so make sure she dont bomard you with 498a...

TRY TO SOLVE THE ISSUE WITH ELDERS..


rajiv_lodha (zz)     23 February 2012

As per current law--- YES

But again, never jump to gun so quickly.............mutual solution is the best way out.


(Guest)

Yes, but for this your mother has to file case against you along with your wife.


(Guest)

As per Sec 2(q) only adult male and relatives (Relatives can include male and female ) can be made respondents in DV case. 

On the other hand it contradicts the above statement stating that definition in sec 2(q) shall be read in the spirit of the law makers i.e. how law maker would have interpreted this (loophole) definition under Sec 2(q). It can be concluded with the guideline that female relatives can also be respondent in DV case.

If the second conclusion  is to be taken as guideline, then I think this allows mother-in-law to file DV case against her daughter-in-law. 

As per definition under section 2(a) :
- mother-in-law is an "aggrieved person" - means any woman who is, or has been, in a domestic relationship with the respondent (daughter-in-law) and who alleges to have been subjected to any act of domestic violence by the respondent;
- daughter-in-law is a "respondent" means any adult male person who is, or has been, in a domestic relationship with the aggrieved person and against whom the aggrieved person has sought any relief under this Act:Provided that an aggrieved wife or female living in a relationship in the nature of a marriage may also file a complaint against a relative of the husband or the male partner

swagath (md)     28 February 2012

yes but the framing of the DV application should very much carfull

for that read Domestic violence types verbal abuse , physical abuse etc with specific date and time is atmost neccessary

rajiv_lodha (zz)     29 February 2012

@ Swagath! My wife took DIR very casually & never mentioned "address of shared household", "Time" n "person" who did domestic violence in this important document i.e. DIR. Now the case is past sec23 (in my favor)..............main case is running. Can I get it quashed or get me + Mother discharged on this fact

swagath (md)     29 February 2012

see DV case cannot be quashed nor discharged but y do worry when the IA is in ur order fight for the case and finish in 60days ask ur lawyer to press and do it fast if not say not they dont have any thing to say and the application may be dismissed read judgment of bhupendra singh mehar case from delhi high court

Crl.M.C.No. 1766/2010 IN

Bhupender Singh Mehra ... Versus State NCT of Delhi & Anr.

An application under Section 12 of Domestic Violence Act has to be treated in accordance with provisions given under the Domestic Violence Act. Domestic Violence Act provides for obtaining domestic incident report. The domestic incident report proforma is given in form 1 of the schedule 2 of Domestic Violence Rules. This proforma is in detailed analytical form wherein the details of each incident of domestic violence are to be entered with date, time and place of violence and person who caused domestic violence. The purpose is that all allegations made in application must be specific and the Court should not exercise jurisdiction without considering domestic incident report since it is necessary for the Court to know before issuing any notice to respondent as to who was the respondent who caused domestic violence and what was the nature of violence and when it was committed. The proforma specifies different heads of physical violence, s*xual violence, verbal and emotional abuse, economic violence, dowry related harassment and other forms of violence. The proforma also provides for filing of documents in support of the application like medico-legal certificate, list of istridhan and other documents. This domestic incident report has to be signed by the aggrieved person. The application under Section 12 is required to be made in form 2 of the Rules wherein the details of various kinds of reliefs and expenses are to be given. Section 27 of the Domestic Violence Act provides which judicial magistrate Court can have jurisdiction to entertain an application under Section 12 of the Act. Where marriage took place outside Delhi and the parties have lived outside Delhi, it is incumbent upon the applicant invoking jurisdiction of Delhi Court to specify how jurisdiction of Delhi Court was made out. No doubt Section 28(2) gives power to the MM of laying down its own procedure for disposal of an application under Section 12 or under Sub-Section 23(2) but the procedure an MM can adopt cannot be violative of the Act itself or violative of principles of natural justice. The procedure adopted by the learned MM of issuing notice to the respondent without even considering domestic incident report and without going through the contents of the application and without specifying as to why each of the respondent named by the applicant was to be summoned, is contrary to the Act.

rajiv_lodha (zz)     01 March 2012

Thanx dear! 60 days period is never stick to by the courts. IA is decided in 60 days & rest of the case lingers for years! Mine case is stuck for "transfer" anyways! Once hearing resumes, what is the best foot forward? Shud we cry discharge/quash or bring forward the shortcomings in DIR at ARGUMENTS?

swagath (md)     01 March 2012

See DV there is no discharge as for as i know. because in DV ther is HBC (Hear berfore charge) so you can file an appeal to sessions court for removal of the name

second thing try to drag the case as long as possible as you are not paying anything right now so they get frustrated and get the application later dismissed as not pressed by the applicants

or try disproving the allegations if possible.

1 Like

rajiv_lodha (zz)     05 March 2012

Mine case is more or less past danger zone.............but for the sake of knowing the shortcomings:

As we recieved DV summons, there was (1) DIR with major flaws; (2) Wife did not live in parents home, so no shared household with them;

Was it possible that we shud have "challanged the summoning orders of DV" right in the begining? What is the correct procedure if yes........whether in MM court itself or in Sessions?

Atur Chatur (LAWYER ADVOCATE NOT REQD BECAUSE I FIGHT MYSELF PARTY-IN-PERSON (aturchatur@yahoo.com))     18 July 2014

You should have challenged the summoning in Sessions u/s 397

Next Step, if rejected in Sessions then goto HC u/s 401
Third Step is u/s 482 [Do NOT use it so early]


This is possible only before FIRST DATE.

Because if first date is attended then, all those summoned are pasted on the wall & hence to remove their names now, we call it dis-charge i.e., to remove from the wall.

i.e., next step is u/s239 discharge

This application is first moved to MM, Next to sessions, next to HC, then SC

 

So Simple !!!

It's been 2 years so what's update in your case now.


Thanks & Regards
,

 

Atur Chatur

Facebook: https://www.facebook.com/atur.chatur

498a Victim cum RTI Activist

Twitter: twitter.com/aturchatur

 

Vidyavaan Guni Ati Chatur, Ram Kaj Karibe Ko Atur
Email: - aturchatur@yahoo.com

 


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